Noise Disputes

Many neighbourhood problems arise because of various intrusive noises. So if and when they do occur it is best to approach the person directly in order to discuss the problem.

Common types of noise include:

Barking dogs

Loud music

Noisy domestic equipment

Noisy vehicles

Noisy alarms

Noise from pubs and clubs

Noise from loud parties

Air conditioners

Lawn mowers

If you or your neighbour is the one causing the above noise it is important to know that under the Protection of the Environment Operations (Noise Control) Regulation 2008 (NSW) Act, various noise restrictions do apply and they must be adhered to otherwise penalties may apply. So if you are having any of the above problems, contact our experienced legal team who can inform you and advise you of your obligations.

If your neighbour is not interested in resolving the issue, or doesn’t consider it an issue, there are other ways to resolve it such as:

Talk to the neighbour – explain what the problem is and try to reach an agreement about stopping or changing the behaviour in question.

Contacting Police – to be used in urgent cases

Mediation

Involvement of your Local Council as they can serve your neighbour various notices, which if granted, would require them to control the noise and to restrict it at certain times. If the notice is not abided by the council can prosecute

Local Court – the Local Court has the power to issue a noise abatement order if there is sufficient evidence that your neighbour is causing an offensive noise or that the noise is likely to happen again. Once the order is issued if the neighbour breaches it they may receive a fine.

Legal Action – the neighbour can be sued for compensation if the problem is serious and can be legally classified as a nuisance.

Offensive noise is defined under the Protection of the Environment Operations Act as noise which is likely to be harmful to, or to interfere unreasonably with, people outside the premises from which the noise is coming from. The harm or the interference can come from either the type of noise or the level of it.

If you need more information or assistance with dealing with a noise dispute. Complete and submit the Express Enquiry form on the top right hand side of this page and we will contact you to discuss your enquiry or call us on 1300 QUINNS (1300 784 667) or on +61 2 9223 9166 to arrange an appointment.